People v. Johnson

Judgment unanimously affirmed. Memorandum: Defendant and his brother were charged in a six-count indictment with three counts of second degree murder, including one intentional murder count (Penal Law, § 125.25, subd 1) and two felony murder counts (Penal Law, § 125.25, subd 3) with the underlying felonies being robbery and burglary respectively, and single counts of robbery in the first degree (Penal Law, § 160.15), burglary in the first degree (Penal Law, § 140.30), and criminal possession of a weapon in the fourth degree (Penal Law, § 265.01). The charges arose from the execution-style…